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HomeMy WebLinkAbout20073012.tiff WELD COUNTY CODE ORDINANCE 2007-6 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 2 ADMINISTRATION Amend Sec. 2-1-50. Disposition of electronic tapesrecordings. On March 24, 1992, the Board of County Commissioners approved the following procedure for disposition of electronically taped recordings of meetings and hearings. State record retention regulations require that taped recordings of Board meetings and hearings be retained one(1)year plus the current year; however, all tapesrecordings will be retained seven(7)years, plus the current year. A. At the end of each year, the Clerk to the Board will send a memo to the County Attorney's office to identify tapesrecordings which are scheduled for disposition. B. The County Attorney's office will identify any specific tapesrecordings or hearings which should be permanently retained due to pending or possible litigation. C. TapesRecordings not to be retained will be pulled and destroyed by the Clerk to the Board's staff, and a list compiled. Amend Sec. 2-1-60. Referral/response to correspondence. On June 1, 1998, the Board of County Commissioners established the following procedure to handle correspondence received by the Clerk to the Board's office. Elected officials will be given 2007-3012 PAGE 1 ORD2007-6 a copy of all correspondence regarding concerns or complaints pertaining to their departments,and are asked to simply provide the Board of County Commissioners with a copy of each response to complete the official file. Department heads are directed to draft a response to be written over the signature of Chair of the Board. All complaints or requests from citizens received in the Board's office shall be handled as follows: A through D - No change. E. After investigation of the complaint or request, the department head will make his or her recommendation to the Board of County Commissioners, marking the correct response, as listed below. The complete form (green sheet) and any supporting documents will then be returned to the Clerk to the Board. 1 through 5 - No change. 6. E-mail reply means the department head or elected official replied to an inquiry for information using e-mail correspondence. Remainder of Section - No change. Amend Sec. 2-1-80. Work sessions. A. The Board of County Commissioners will hold weekly work sessions each Monday morning, beginning at 10:00 a.m. If business requires, additional work sessions may be scheduled during the week. B through C - No change. D. An elected officials' meeting will be held on the second Monday of every other month at 10:00 a.m.quarterly. Remainder of Section - No change. Amend Sec. 2-1-90. Department designations. Each of the five (5) major departments shall be coordinated by a Commissioner together with assistance from another Commissioner, both of whom shall be appointed by the Board of County Commissioners at its first meeting in January each year. The Chair of the Board of County Commissioners shall be responsible for coordination of the Departments of Finance, Central Purchasing and Personnel. A. Department of Finance, Purchasing and Personnel: 1. Finance. 2. Personnel. 3. Information Services 4. Accounting. 5. Clerk to the Board. 6. Budget. 7. Risk Management. 8. Airport. 2007-3012 PAGE 2 ORD2007-6 9. Communications. 10. Contract Administration. 11. Fleet Management. 12. Sanitary Landfills. 13. Purchasing. 14. Buildings and GroundsEconomic Development. 15. Special Projects. 16. Veterans' Services. 17. Printing and Supply. 18. GIS. 19. Phone Services. B. Department of Health Services: 1. Public Health and Environment. 2. Health Board. 3. Hospital Board. 4. Ambulance-aramedic Services. 5. Extension Service. 6. Fair Board. C. Department of Planning Services: 1. Planning and Zoning. 2. Building Inspection. 3. Board of Adjustment. 4. Planning Commission. 5. Uniforminternational Building Code Utility Board. D. Department of Public Works: 1. Road and Bridge. 2. Engineering. 3. Pest and Weeds. 4. Buildings and Grounds. Remainder of Section - No change. Amend Sec. 2-1-110. Authorizations. A and B - No change. C. The Chair of the Board of County Commissioners has standing authority and is authorized and directed to sign personal service contracts under fivei. n thousand dollars ($510,000.00), as well as all equipment maintenance, equipment lease, computer equipment and software purchase agreements, and any standard letter of assignment/consent. Remainder of Section - No change. 2007-3012 PAGE 3 ORD2007-6 Amend Sec. 2-1-120. Delegation of authority. Pursuant to Section 30-11-107(1)(aa), C.R.S., which authorizes the Board of County Commissioners to establish policies and procedures regarding entering into contracts binding on the County, and to delegate its powers to enter into such contracts pursuant to such policies and procedures, the following policies were adopted by the County: A. AuthorizeAuthority delegated to the Chair of the Board to sign certain contracts and agreements. By Resolution #950198, dated February 22, 1995, the Board of County Commissioners delegated authority to the Chair of the Board to sign certain personal service contracts and maintenance agreements. The Chair of the Board is authorized to enter into and sign contracts and agreements as follows: All contracts on behalf of the County for personal service contracts under ten thousand dollars ($10,000.00). Z', All change orders to contracts for construction projects of up to five percent (5%) of the original contract amount, not to exceed ten thousand dollars ($10,000.00). 3c. All contracts on behalf of the County for all equipment maintenance contracts. 4c!. All related contracts and license agreements for computer hardware and software operating in the County. 5. . All computer-related agreements and documents to acquire and maintain computer systems pursuant to the policy adopted by resolution dated March 16, 1994, for the purpose of acquisition of information services systems. 62. By Resolution #2004-1366, dated May 10, 2004, the Board of County Commissioners delegated authority to the Chair of the Board to sign certain agreements with municipalities in Weld County for road and street design, construction and/or maintenance within the jurisdictional boundaries of the municipalities, up to the amount of ten thousand dollars($10,000), whereby the municipality will reimburse Weld County for the entire cost of such work upon completion of the project. 3. By Resolution #2007-1689, dated June 26, 2007, the Board of County Commissioners delegated authority to the Chair of the Board to sign any standard letter of assignment/consent. B. Acquisition of information services systems. Pursuant to the policy decision made in October 1993 to transition off the IBM mainframe computer to a clte-ntiserifer computer environment under contract with SCT Corporation, and realizing th-at-all existent computer systems in the County must be migrated to the new environment either by redesign or acquisition of new systems, by Resolution#940249. approved 2007-3012 PAGE 4 ORD2007-6 March 16, 1994,the Board of County Commissioners adopted the following process for acquisition of information services systems: 1 through 6 - No change. C through F - No change. G. Delegation of authority concerning chemical weed control cost share agreement. By Resolution#980778 approved May 6, 1998,the Board of County Commissioners approved the form of the Weld County Chemical Weed Control Cost Share Agreement and authorized the Vegetation Management Specialist, Department of Public Works,to sign said agreements with various landowners meeting the criteria. By Resolution #2007-1499, the form of the Chemical Weed Control Cost Share Agreement was updated. On May 30, 2007, the Board approved Resolutions #2007-1498, #2007-1500, #2007-1501, #2007-1502, #2007-1503, #2007-1504, #2007-1505, and#2007-1506, approving the form of the following agreements and delegating authority to the Vegetation Management Specialist,Department of Public Works, to sign said agreements with various landowners meeting the criteria: National Fish and Wildlife Foundation (NFWF) Weed Control Cost Share, Yellow Nutsedge Chemical Weed Control Cost Share, Diffuse Knapweed Chemical Weed Control Cost Share, Absinth Wormwood Chemical Weed Control Cost Share, Dalmatian Toadflax Chemical Weed Control Cost Share, County Chemical Weed Control Cost Share Agreement through State Lands, Chemical Weed Control Cost Share Agreement through West Greeley Conservation District, and Equipment Rental, respectively. H through 0 - No change. P. Delegation of authority concerning Standard Form for Child Protection Agreement for Respite Care. The Board of County Commissioners, on March 17, 2004, by Resolution#2004-0854,approved the standard form for Child Protection Agreement for Services for Respite Care, and granted standing authority to the Chair of the Board to sign said agreement, after review by the County Attorney to verify that it was completed in accordance with the form approved by the Board. By Resolution #2006-09524, the form of the agreement was updated. Q through S - No change. I. Delegation of authority concerning Standard Agreements for Business Associates having access to HIPAA protected information and doing business with Weld County. By Resolution #2003-0904, dated April 7, 2003, the Board of County Commissioners delegated authority to the HIPAA Privacy Officers, being duly appointed by the Board, to sign certain agreements for the various Weld County HIPAA plans. By Resolution#2006-0313, the form of the agreement was updated. U. Delegation of authority concerning Weld County Clerk and Recorder Agreement for Elections Division Facility Usage. The Board of County Commissioners, on July 9, 2007, by Resolution #2007-1914, approved the standard form for Weld County Clerk and Recorder Agreement for Elections Division Facility Usage, and granted standing authority to the Chair of the Board to sign said agreement, after review by 2007-3012 PAGE 5 ORD2007-6 the County Attorney to verify that it was completed in accordance with the form approved by the Board. V. Delegation of authority concerning Standard Form for Addendum to Agreement to Purchase Therapeutic Residential Child Care Facility Services / Residential Child Care Facility Services. The Board of County Commissioners, on August 27, 2007, by Resolution #2007-2734, approved the standard form for Addendum to Agreement to Purchase Therapeutic Residential Child Care Facility Services / Residential Child Care Facility Services, and granted standing authority to the Chair of the Board to sign said agreement, after review by the County Attorney to verify that it was completed in accordance with the form approved by the Board. W. Delegation of authority concerning Standard Form for Addendum to Agreement to Purchase Child Placement Agency Services. The Board of County Commissioners, on August 27, 2007, by Resolution #2007-2735, approved the standard form for Addendum to Agreement to Purchase Child Placement Agency Services, and granted standing authority to the Chair of the Board to sign said agreement, after review by the County Attorney to verify that it was completed in accordance with the form approved by the Board. X. Delegation of authority concerning Standard Form for Addendum to Agreement to Purchase Residential Child Care Facility Services. The Board of County Commissioners, on August 27, 2007, by Resolution #2007-2736, approved the standard form for Addendum to Agreement to Purchase Residential Child Care Facility Services, and granted standing authority to the Chair of the Board to sign said agreement, after review by the County Attorney to verify that it was completed in accordance with the form approved by the Board. Y. Delegation of authority concerning Standard Form for Addendum to Agreement to Purchase Specialized Group Home Care Services. The Board of County Commissioners, on August 27, 2007, by Resolution #2007-2737, approved the standard form for Addendum to Agreement to Purchase Specialized Group Home Care Services, and granted standing authority to the Chair of the Board to sign said agreement, after review by the County Attorney to verify that it was completed in accordance with the form approved by the Board. Amend Sec. 2-1-160. First readings of ordinances. A - No change. B. Pursuant to Section 3-14 of the Home Rule Charter, upon the introduction of an ordinance, it must be read in its entirety. Because the first reading of ordinances often takes significant amounts of time at the regular meetings of the Board of County Commissioners, the Board of County Commissioners, by resolution on May 11, 1992, adopted the procedures set forth below in order to provide a mechanism by which the first reading of ordinances will be expedited, while at the same time providing the requisite record of notice to the public, and complying with the requirements of Section 3-14 of the Home Rule Charter. 1. Upon the majority vote of the Board of County Commissioners and solely at its discretion, an ordinance may be read for the first reading by the playing 2007-3012 PAGE 6 ORD2007-6 of a tape-recording of the ordinance as it is presented for first reading. The playing of the tape-recording shall satisfy the first reading requirements set forth in Section 3-14 of the Home Rule Charter. 2. Any reading of an ordinance for the first time by the playing of a tape recording will be conducted in the Board's assembly room or in a room immediately adjacent thereto. The Chair of the Board shall read into the record that the first reading will be accomplished by the playing of a tape recording and will announce where the ` { recording will be played. 3. The department which is recommending the adoption of the ordinance, the Clerk to the Board or the Board's designee shall be the reader of the proposed ordinance on the tape recording. All such readings and tape recordings must take place in the Clerk to the Board's office on tape: recording device approved for such use by the Clerk. TapesRecordings of ordinances must be prepared and delivered to the Clerk to the Board no later than 5:00 p.m. on the day prior to the meeting at which the ordinance is formally introduced. 4. All tape recordings of the first readings of ordinances shall be on tapes recording media provided by and kept in the custody of the Clerk to the Board. Amend Sec. 2-2-20. Lobbying policy. A and B - No change. C. In accordance with federal rules and regulations, no federal funds, including Revenue Sharing, can be used for lobbying activities in any way: D. Any County employee or official lobbying on behalf of the County shall comply with the state regulation of lobbyists (Sections 24-6-301 and 24-6-308, C.R.S. i.l: Article 6, Part 3 of the Colorado Revised Statutes). In the event any County funds are expended for lobbying activities, a copy of such expenditure claim form shall be sent to the Director of Finance and Administration specifying the date, lobby activity, purpose of expense and name of the official or group lobbied. In the event the sum total of expended funds requires a filing with the Secretary of State, the Director of Finance and Administration and County employee or official involved will ensure that proper filings to the Secretary of State are made. Amend Sec. 2-2-50. Letter-sized mail. A. The U.S. Postal Service Board of Governors has adopted a surcharge of eleven cents ($.11) for oversized and odd-shaped pieces of mail. 1. Pieces will be nonmailable if they are less than either of the following measurements: three and one-half(3'/2)inches high, five (5)inches long or seven-thousandths (.007) inch thick. a. Items subject to the eleven-cent surcharge will be first class mail weighing one (1) ounce or less, and single-piece third class mail of 2007-3012 PAGE 7 ORD2007-6 two (2) ounces or less that exceeds any of these dimensions: six and one-eighth (6?) inches high, eleven and one-half(111/2) inches long or one-fourth ('4) inch thick. b. Also subject to the surcharge are odd-shaped pieces within the weight units noted above. The acceptable size ratio for such pieces is: the length must be between one and three-tenths(1.3)times and two and five-tenths (2.5) times the height. 2. The U.S. Postal Service has provided a form entitled Dimension Standards for Letter Size Mail. All offices of the County are directed to adhere to the dimension standards for letter size mail as enumerated above and as outlined in the Dimension Standards for Letter Size Mail, to avoid all eleven-cent surcharges on nonstandardized letter-size mail,and further,that the Director of General Services is hereby directed to insure that all specifications for bids and quotes for County purchases involving envelopes or cards adhere to the Dimension Standards for Letter Size Mail. Shape-Based Pricing, which uses shape along with weight to determine prices. This pricing recognizes that different shapes - letters, large envelopes ("flats"), and packages ("parcels") - have different processing costs and therefore each shape is in need of having separate pricing. Weld County classifies the mail into three categories: First Class, First Class Pre-sort and Priority mail. First class mail is metered and sent to the post office the same day it received. The cost for letters is .41 cents for the first ounce and .17 for each additional ounce not to exceed 3.5 ounces. All large envelopes ("flats")and packages ("parcels")are First Class as long as they do not exceed 13 ounces. If they do exceed 13 ounces, they go out as Priority Mail. The cost for Priority Mail is $4.60 for the first 13 ounces. First Class Pre-sorted mail is metered and sent to an outside vendor to be sorted by zip code. It is then sent to the post office the next day. The cost for letters not exceeding two (2) ounces is .312 cents and .125 cents for the next ounce. Shape-Based Pricing Mail Shape New price Postcards $0.26 • Maximum length: 6" ■ • Maximum height: 4 1/4" • Maximum thickness: 0.016" Letters(1 Footnote:All First-Class Mail Letters nonmachinable letters are subject to the 17-cent non-achinable surcharge.) $0.41 for first ounce $0.17 for each additional ounce • • Maximum weight: 3.5 ounces • Maximum length: 11 1/2" • Maximum height: 6 1/8" • Maximum thickness: 1/4" 2007-3012 PAGE 8 ORD2007-6 Large Envelopes (If a letter exceeds any of these dimensions it will be classified and priced as a large envelope (flat).) $0.80 for the first ounce $0.17 for each additional ounce • Maximum weight: 13 ounces • Maximum length: 15" • Maximum height: 12" • Maximum thickness: 3/4" Packages (If the large envelope exceeds any of these dimensions, it will be classified and priced as a package (parcel). Large envelopes must also be flexible, rectangular, and uniformly thick. A large envelope that exceeds 13 ounces is classified and priced as Priority Mail®.) $1.13 for the first ounce $0.17 for each additional ounce • Maximum weight: 13 ounces • Maximum size no more than 108" in combined length and girth A package that exceeds 13 ounces is classified and priced as Priority Mail®. All First-Class Mail "non-machinable" letters are subject to the 17-cent "non-machinable" surcharge. B. All outgoing County mail will be sent out through the Department of Printing and Supply and will be metered in that office. Offices are not to use stamps, stamped mail or their own postage meters. Human Services shall have authority to process its own mail due to the volume and funding of Human Services activities. Del Camino and Fort Lupton offices will process their own mail due to the locations of these offices. The Department of Printing and Supply will be responsible for providing supplies for these postage machines. These offices are responsible for informing the Department of Printing of Supply when more postage is put onto the machines. C. All mail must be received in the Print Shop by 3:00 p.m. Monday through Thursday and by 2:30 p.m. on Friday. All departments are directed to use the following standards, taken from the U.S. Postal Services printout, Addressing for the "Computer Eye": 1 through 4 - No change. 5. Use an OCR-Readable Type Style. Verified type styles are listed in Appendix 2-B. The following types are approved OCR-Readable: Times New Roman, Arial, Courier, and Century School Book. The font size should be no smaller then a 10 pt or larger then a 12 pt. D. Departments are responsible for the following: 1 through 4 - No change. 2007-3012 PAGE 9 ORD2007-6 5. All first class mail must be labeled PriorityFirst Class mail. Any mail not properly labeled will be assumed to be Presort. 6. Any mail that is to be delivered to inner County offices should be put into the department's mail boxes in the Department of AccountingHuman Resources. Do not include in outgoing mail. 7. Do not overstuff envelopes. If an envelope cannot be easily sealed, use a larger one. Large envelopes(flats)less than 3.5 ounces needs to be clearly marked letting the staff from the Department of Printing and Supply know it must go out at as a flat rate. This should only happen if the contents cannot be folded to fit into a letter size envelope. E. The Department of General Services is now providing two (2)-courier runs to the north administrative buildings for internal mail. Pickup and delivery times are 9:45 a.m. and 1:15 p.m.Director of Administration provides one courier run to the north administrative buildings for internal mail. Pickup and delivery time is 9:45 a.m. Amend Sec. 2-2-60. County property. A through I - No change. J. If County property to be sold has been put out to bid and no bids are received, then the Director of Administrative Services may negotiate a sale of the property to an interested party. Once the sale has been negotiated, the Board of County Commissioners shall consider in a regular Board meeting whether or not to accept the offer and sale by resolution. Amend Sec. 2-2-70. Mineral leasing policy. A. The County owns mineral rights for approximately forty thousand (40,000) acres. On November 19, 1986, the Board of County Commissioners adopted the following mineral leasing policy by resolution: 1 through 5 - No change. 6. Royalty interest in the production to be paid to the County shall be at least twelve and one-halfcA nniy percent (12.5•-0%). Specific amount of royalty interest shall be set by the Board of County Commissioners prior to the bidding process. 7. Royalty interest in the production to be paid to the County shall be twelve and one-halfLv,c,nt,;' percent (12.52u%) when bidding is waived on small parcels under five(5)acres,with a minimum of a two-hundred-dollar royalty bonus for the parcel. Remainder of Section - No change. 2007-3012 PAGE 10 ORD2007-6 Ala Delete Sec. 2-2-100. Work release program. As a general practice,accepting individuals sentenced from other jurisdictions into the Work Release Program is discouraged. I lowever, in order to promote positive relationships with other faw enforcement agencies and the community, these individuals can be accepted at the Work Release Supervisor's discretion and only under the following conditions:- A. Travel to the place of business from the Sheriffs office must not exceed sixty (60) miles, and this distance must be equal to or less than half the distance that the individual would be required to travel if he or she were traveling from the jail at the other jurisdiction. (NOTE: This will preclude a situation where WCSO accepts a person from Colorado Springs who works in Denver. Since the distance to the job site from either jail is the same, there would be no advantage to this arrangement.) S. Space must be available in the Work Release Program. C. The sentencing Judge and the Sheriff's office at the other jurisdiction involved must agree that, if the individual is removed from the program because of an infraction or failure to pay fees, the individual will be transported to the jail in the original jurisdiction to finish his or her mittimus. This condition must be stated on the mittimus before the individual will be accepted into the program. The Work Release Supervisor will be responsible for coordinating this aspect of the agreement with the court and the other law enforcement agency.- D. In order to recover the cost of housing an inmate from another jurisdiction, work release fees will be one hundred dollars ($100.00)per week, to be paid as follows two hundred dollars ($200.00) on the day of entry into the program (of which one hundred dollars [$100.00] applies to the first week and one hundred dollars [$100.00] applies to the last week of the program), and one hundred dollars ($100.00)every week thereafter until the total fees are paid up. Failure to pay fees will result in removal from the program. Adhering to a payment schedule such as this will ensure that an individual always has work release fees paid up to a minimum of one (1)week in advance. If an individual is removed from the program due to a rule infraction or failure to pay fees, any money that has been paid in advance will not be refunded. Instead, money paid in advance will be used to defray the cost of transporting the individual back to the Sheriff's office at the original jurisdiction. E. In order to limit supervision problems, individuals who have employment that requires frequent travel, irregular hours or no established place of business where the supervisor or the individual can be contacted, will not be accepted. F. Individuals accepted must comply with all other WCSO regulations as described in the inmate handbook and the work release rules. Amend Sec. 2-2-140. Diversity policy. A through C - No change. D. If the County's expectations as listed above are not met, the following procedures will apply. 2007-3012 PAGE 11 ORD2007-6 1. Employee reports the problem to a responsible County official, such as a supervisor, elected official, department head or the Director of Personnel/General ServicesHuman Resources. 2. The official receiving the report documents all information received and persons spoken to and notifies the Department of PersonnelHuman Resources within twenty-four (24) hours of the alleged incident. 3. In cooperation with the requesting department,the Department of Personnel Human Resources investigates, develops and retains documentation of all allegations and ensures that appropriate corrective actions are taken, including disciplinary measures by the appropriate person when justified, to remedy all violations of this policy. 4. The Department of PersonnelHuman Resources follows up within thirty (30) days to assure no further violations of the policy have occurred. Remainder of Section - No change. Amend Sec. 2-3-30. Collateral for improvements. A. General requirements for collateral: 1. This policy shall be applied to all future applications for Subdivision Applications, Planned Unit Developments Applications, Change of Zone , Final Plats, Uses by Special Review, and Site Plan Review; Applications. If this policy has not been applied to an application, the policy shall not be applied to a request for complete releases of collateral and the procedures for release of collateral shall be as set forth in the Improvements Agreement. The County shall not guarantee maintenance of roads in developments which have not complied with the provisions of this policy. Remainder of Section - No change. Amend Sec. 2-3-100. Planning Commission transcripts. It is the policy of the Board of County Commissioners that: A. The Director of Planning Services shall record on electronic tape recording device the hearings of the Planning Commission. B. At times determined by the Director of Planning Services to be reasonable, the Director of Planning he shall allow the applicants to listen to a tape-recording of a hearing. C. Recording and playback equipment shall be operated only by the Director of Planning Services or by the Department of Planning Services staff. D. The Director of Planning Services shall charge a reasonable fee based on the costs of staffs time for operating playback equipment for persons who wish to listen, record or transcribe from a tape-recording. 2007-3012 PAGE 12 ORD2007-6 E. Anyone transcribing from a tapean electronic recording device shall furnish the Director of Planning Services one (1) copy of the transcription without charge. F. The Director of Planning Services may have staff prepare a transcript from a tape recording. Remainder of Section - No change. Add Sec. 2-3-110. Consent agenda for land use hearings. The purpose of the Consent Agenda for Board of County Commissioner land use hearings ("Hearing Consent Agenda") is to deal with those cases for which no public hearing is necessary, because the Board is willing to accept the staff recommendation as their own, there is no relevant oral public testimony, and the applicant indicates a willingness to accept the recommendations of staff. Staff will place those items on the Consent Agenda that they believe will meet the above criteria for eligibility; however, placement on the Consent portion of the Agenda shall not lessen the notice or posting requirements of the Weld County Code. The consideration of the Hearing Consent Agenda shall include a determination if any member of the public is seeking to provide relevant testimony regarding the application. Any item may be removed from the Hearing Consent Agenda and considered in regular fashion upon the request of one member of the Board. Amend Sec. 2-5-30. Authorized use of County-owned heavy equipment. A. Due to recent`:'/ dry weather conditions and a mild, dry winter, cause prairie lands located in the County havet° become a high fire danger, emphasizing the there is a need for a cooperative approach among citizens and private and public entities, to fight prairie fires which may occur on public and/or private lands. Remainder of Section - No change. Amend Sec. 2-6-140. Accidents. In case of an accident involving a County vehicle, the driver should immediately notify proper law enforcement authorities, regardless of the extent of damage to the vehicles involved. A. If the extent of the damage and conditions at the accident scene warrant, the driver shall contact their immediate supervisor who will ask the County Communications Center and requestto coordinate towing service through the County's fleet maintenance contractor. If the employee's supervisor cannot be reached, contact should be made with a department manager or Human Resources. Should law enforcement authorities at the scene determine a need for immediate removal of the vehicle, they shall have the discretion to contact a private towing service. B. No later than the next regular workday, the driver shall notify his or her immediate supervisor(if contact was not made at the time of the accident)or department head of the accident and submit to the supervisor the Accident Exchange Information Report received from the other driver at the scene of the accident. The supervisor shall ensure that all reports and forms are accurately completed, submit them to the County Human Resource Department and then have the employee complete any injury reports and submitted to the County Finance Office as detailed in Chapter 3, Article I of this Code. Failure to report an accident or a high incidence of 2007-3012 PAGE 13 ORD2007-6 accidents by a driver shall result in review by the department head and/or Finance Officer, who shall recommend appropriate action. C. The supervisor shall coordinate obtaining repair estimates with the County's fleet maintenance contractor. Repair estimates will be forwarded to the County Human Resource Department for submission with the accident report for claim adjustment. Departments will be assessed $500 for repairs exceeding that amount. Amend Sec. 2-6-160. Two-way radio equipment. All vehicles and equipment operated during emergency situations, such as blizzards or flooding, shall be equipped with two-way radio equipment. If such equipment is not regularly available in a vehicle, the supervisor shall request the issuance of such, on a temporary basis, from the Communications Department, if available. Amend Sec. 2-6-170. Motor vehicle records check. Applicants selected by department heads for employment to a position that requires driving of a County vehicle or equipment will be required to complete a Motor Vehicle Records Check form. The Department of Personnel will forward the form to the State for search of the individual's traffic record. In addition, past employers will be checked for the applicant's driving ability and driving record. This will prevent the County from employing high-risk individuals and thus help the County to reduce its liability exposure. The Motor Vehicle Records Check form will be automatic for all employees of Road and Bridgethe Departments of Public Works, Buildings and Grounds (except janitors), AmbulanceParamedic Service, Building Inspection, I IRD Human Services drivers. and all sworn personnel for the Sheriffs°Office.All other departments should identify on the personnel requisition form those positions that will require driving a County vehicle so that a motor vehicle records check may be conducted for personnel employed for those positions. It takes approximately two(2)weeks to complete the checks. In order not to hold up employment for those positions, individuals employed will be required to sign a statement of understanding to the effect that driving of County vehicles is a requirement for the position and a poor driving record will be grounds for dismissal as a part of the regular probation period. Amend Sec. 2-6-180. Miscellaneous vehicle policies. A - No change. B. Laws. Drivers of County vehicles shall abide by all applicable laws regarding operation of motor vehicles, including the 55 MPI I speed limit. Remainder of Section - No change. Amend Sec. 2-7-10. Introduction. In accordance with the Board of County Commissioners'policy,adopted December 17, 1979, concerning use of County vehicles, the assignments and garaging have been determined. Other than vehicles approved by the Board of County Commissioners for the list contained in Section 2-7-40 for residence garaging, all vehicles should be garaged at a County facility designated by the ComptrollerEquipment Service Manager.The Comptroller is the Project Manager under the Equipment Services Contract: 2007-3012 PAGE 14 ORD2007-6 Amend Sec. 2-7-40. Residence garaging. A. Residence garaging is permitted for vehicles assigned directly to a designated classification or position within a department where it has been determined by the Board of County Commissioners that it is in the interest of the County to allow daily residence garaging because the job assignment requires availability of the vehicle by the operator potentially on call at all times for County service. Only positions specifically designated by the Board of County Commissioners are permitted permanent residence garaging. The Comptroller shall, at all times, maintain a current authorization list of positions designated by the Board. See following list: B. Positions with residence garaging: 1. Road & Bridge: a. Assistant Road & Bridge Director. b. Road Maintenance Section (2). c. Maintenance Support Branch I lead. d. Maintenance Support Field foreman. e. Truck Branch I lead. f. Bridge Section I lead. g. Bridge Construction Branch I leads (2). h. Bridge Repair Field foreman. Mining Section I lead. j. On-Call Person (weekends only). 2. Sheriff(28): a. Sheriff. b. Undersheriff. c. Investigations Lieutenant. d. Investigations Sergeant. e. Patrol Captain. f. Jail Captain. 3. Buildings & Grounds (6): Superintendent of Buildings & Grounds. 2007-3012 PAGE 15 ORD2007-6 I 4. District Attorney (4): a. District Attorney. b. Investigators (3). Amend Sec. 2-8-10. Scope. This Article shall apply to all personal property acquired or held by the Sheriff during the normal course of his or her duties, or those of his or her deputies, and under circumstances supporting a reasonable belief that such property was abandoned, lost, confiscated, stolen or otherwise illegally possessed, including but not limited to property left on public or private property, in abandoned vehicles or at vehicle accident locations, unclaimed property obtained by a search and seizure. and unclaimed property used as evidence in any criminal trial. This Article supercedes the requirements of Sections 38-13-101, et seq., and 42-13-101, et seq., C.R.S. This Article shall not apply to the disposition of seized personal property pursuant to the terms of the provisions of the following state statutes: (1) State of Colorado's Abatement of Public Nuisance, Sections 16-13-301, et seq., C.R.S.; (2) Colorado Contraband Forfeiture Act, Sections 16-13-501, et seq., C.R.S.; (3) Sections 12-55.5-110, et seq., C.R.S.; or (4) the civil actions portion of the Colorado Organized Crime Control Act, Sections 18-17-101, et seq., C.R.S. Amend Section 2-8-20. Definitions. Appointment of custodian. The Sheriff shall appoint a deputy to act as custodian of all personal property seized or taken by the Sheriff or his or her deputies: Personal property means everything that is the subject of ownership, which is not real property. Personal property includes all tangible property. Tangible personal property means property which can be seen and touched, and includes, but is not limited to: a. Electrical and/or computer equipment; b. Weapons; c. Money; d. Precious metals or stones and jewelry; I e. Coins or money with a special numismatic value; f. Contraband; or g. Other items of special value or nature as the Sheriff's office may determine, from other departments or agencies of the County. Last known address means a description of the location of the apparent owner sufficient for the purpose of the delivery of mail. Owner or presumed owner means a person having a legal or equitable interest in property subject to this article or his/her legal representative. 2007-3012 PAGE 16 ORD2007-6 Person means an individual,business association state or other government,governmental subdivision, or agency, public corporation, public authority, trust, estate, two or more persons having a joint or common interest, or any other legal or commercial entity. Unclaimed and/or Abandoned Property means all property reasonably believed to have been abandoned, lost, confiscated, stolen, or otherwise illegally possessed, and includes, but is not limited to, property left in abandoned vehicles or at vehicle accident locations, unclaimed property obtained by a search and seizure, and unclaimed property used as evidence in a criminal trial, except for such other personal property as shall be disposed of in a different manner in accordance with the laws of the State of Colorado. Property shall be considered to be unclaimed and/or abandoned whenever an owner of property fails to claim property of property, or whenever the identity of the owner cannot be determined by exercise of reasonable inquiry and effort. Amend Sec. 2-8-30. Authority of Sheriff to take and hold property. Custodian's receipt. Whenever any personal property shall be recovered by the Sheriff or any deputy, it shall be his-or her duty to immediately turn over said property to the custodian, and it shall be the duty of the custodian to file with the Sheriffs records section a receipt for said property.-The Sheriff shall have authority to take possession of any personal property which is confiscated by the Sheriff or any or his or her deputies, or which is delivered to the Sheriff by any other law enforcement agencies, or property which is believed by the Sheriff to have been abandoned, lost, stolen or otherwise illegally possessed. The Sheriff shall not be required to accept any lost, confiscated, stolen or abandoned property not listed in Section 2-8-20, above, such as food, clothing, books, furniture, or household items, etc. Whenever any Weld County employee comes into possession of personal property which said employee reasonably believes to be unclaimed and/or abandoned, lost, or stolen property, or property which has been properly seized by or on behalf of the County, said employee shall contact the Sheriff within twenty-four (24) hours of having come into possession of said property to inform the Sheriff. The Sheriff shall within three (3) days arrange to take possession of said property. Amend Sec. 2-8-40. Appointment of custodian. Safekeeping by custodian. The Sheriff shall appointdesignate a deputy to act as custodian of all lost, confiscated, abandoned, and/or stolen personal property seized or taken by the Sheriff or his or her deputies coming into the possession of the Sheriffs Office. It shall be the duty of the Sheriff to provide for suitable place or places for the safekeeping of said property recovered by any officer-,-and the same shall be under the custodian's entire control. Amend Sec. 2-8-50. Custodian's responsibilities. Records. It shall be the dub/responsibility of the custodian to keep a record of all property which comes into the possession of the Sheriff's Office may be seized or otherwise taken possession of or his or her deputies and record the disposition of such property, whether by sale, destruction, return to owner or other disposition. The record shall include the following information: the date and place of the finding, recovery, or delivery of the property, any serial number, a description of the property, the name and address of all claimants, the method of disposition of all property, (whether by sale, destruction, return to owner or other disposition), and written receipts for property as required by this Article. In addition, the custodian shall cause the property to be safely stored until disposal, unless otherwise required by this Article. 2007-3012 PAGE 17 ORD2007-6 Repeal and Re-enact as follows, Sec. 2-8-60. Disposition of tangible personal property. Return of property. A. Any personal property believed to be abandoned, lost, stolen or otherwise illegally possessed shall be retained in the custody of the custodian as provided herein,who shall make a reasonable inquiry and effort to identify and notify the owner or person entitled to possession thereof, and shall return the property after such owner or person provides reasonable and satisfactory proof of ownership or right to possession and reimburses the Sheriff for all reasonable expenses of such custody and handling. B. All property shall be deemed unclaimed when, after thirty (30) days of notification, the owner shall have failed to recover the property from the custodian. A. Procedure for disposition of personal property where the owner's identification is determinable or known. 1. Upon taking possession of tangible personal property, the custodian shall make reasonable inquiry and effort to identify and notify the owner or person entitled to possession thereof. Reasonable notice shall consist of written notice sent by certified mail to the last know address of the presumed owner, which shall include the following information: a. Address and telephone number of Sheriff's custodian. b. Location of storage of property. c. Detailed description of property. d. Reason for which property is held in custody. 2. The custodian shall notify the owner that the property will be disposed of in twenty (20) days if the property is not claimed prior to that date. 3. The Sheriff shall use reasonable judgment in evaluating a claim of ownership. The information set forth in the preceding paragraphs will be sent to the presumed owner or person entitled to possession of the property. 4. If the presumed owner or person entitled to possession of the property provides reasonable and satisfactory proof of ownership or right to possession of the property, and reimburses the Sheriff for all reasonable expenses of custody and handling, the property shall be returned to the owner or person entitled to possession at any time before a sale at public auction. B. Procedure for property held as evidence. 1. All personal property seized and held as evidence for use in any pending or anticipated criminal proceeding shall be held until the final disposition of the proceeding, including appeals, or the lapse for filing of appeals, unless a court having jurisdiction or the prosecuting attorney authorize otherwise. 2007-3012 PAGE 18 ORD2007-6 Thereafter, unless otherwise ordered by a Court having jurisdiction, the custodian shall dispose of the property as set forth in the provisions of this Article. 2. Upon application to the prosecuting attorney by the custodian, confiscated money which has no intrinsic evidentiary value or numismatic value, may be deposited into the Sheriff's custodial fund until final disposition of charges, and shall thereafter be disposed of as set forth in the provisions of this Article. C. Disposition of property where identity of owner is unknown. 1. If the identity or location of the owner or person entitled to possession of the property has not been ascertained within ninety(90)days, or six(6)months in the case of property believed to be stolen or otherwise illegally possessed, the property shall escheat to the County and the owner or person entitled to possession of the property shall be forever barred from any and all claim or right to such property or the proceeds thereof. 2. If the Sheriff finds that any unclaimed property may be used by his or her department or by other department of the County in the performance of its duties, such property may be held and utilized by the Sheriff's office until such time that it is no longer needed and then disposed of, as set forth in paragraphs C. 3. through C. 10. of this Section, below. The Sheriff shall seek the approval of the Board of County Commissioners as set forth in Section 2-8-80 below, and shall provide annually a list of all such property so utilized. 3. All property which cannot be utilized by the Sheriff or other County department shall be sold by the Sheriff. It shall be the duty of the Sheriff to sell all such unclaimed property at the highest and best price which the same shall bring in cash, and to receive from the purchaser of each and every article the amount paid by such purchaser for the same. The Sheriff shall advertise the auction at least one time in a newspaper of general circulation, at least ten (10) days prior to the auction, giving the location, time, and date of the auction and a brief description of the property offered. 4. Unclaimed property consisting of jewelry, gems, watches, precious metals, coins having special numismatic value, or other property having unique value may, in the discretion of the Sheriff, be sold either at auction or to the highest bidder after solicitation of sealed bids from at least three(3)dealers in that particular type of property. 5. The Sheriff shall be reimbursed for all costs associated with the sale of the property, including, but not limited to, costs associated with advertisements, auctioneer's fees, legal notices and transportation of the property. 6. Any toys, including bicycles, tricycles, and other articles made for use by children, which have escheated to the County may be offered at a separate public auction, at which to the extent possible, participation by dealers shall be discouraged. Any articles remaining after the auction shall be delivered 2007-3012 PAGE 19 ORD2007-6 by employees of the Sheriff to the Department of Human Services for distribution to individuals and charitable organizations. 7. It being in the interest to restrict the flow of firearms, all unclaimed firearms which the Sheriff finds cannot be utilized in the performance of the duties of the Sheriff's office shall be either abandoned to the United States Bureau of Alcohol Tobacco and Firearms, or shall be destroyed. 8. If it is unlawful for a person to possess a particular item of property, then such personal property shall not be sold or donated, but shall be either destroyed, or if feasible, used by the Sheriff to carry out the normal duties and responsibilities of his/her office. If the Sheriff wishes to convert any such property to use by his/her office, the Sheriff shall seek the approval of the Board of County Commissioners in each instance, and shall report the use of all such property annually. 9. If any property which is seized or taken into possession by the Sheriff is of a perishable nature, or is so bulky or of such a nature as to make it dangerous, or undesirable to retain possession thereof, the Sheriff shall, in the exercise of his/her best judgment, either destroy the property or shall cause the property to be forthwith advertised for sale in a newspaper of general circulation, and shall sell the property any time at least three days following the date of publication. 10. Unclaimed property of no value shall be held for ninety(90)days and, if still unclaimed, the Sheriff may either destroy or otherwise dispose of said property without placing it for sale. Amend Sec. 2-8-70. Approval of the Board of County Commissioners. Limitation on recovery of property. The owner or person entitled to possession of the property may claim and recover possession of the property at any time before a sale at public auction upon providing reasonable and satisfactory proof of ownership or right to possession and after reimbursing the Sheriff for all reasonable expenses of custody and handling thereof. Whenever the Sheriff or the personnel of any other department of the County determines that an item of unclaimed personal property can be utilized by said department, the Sheriff or other Department head shall apply to the Board of County Commissioners for approval to retain and to use said items of personal property. Repeal and Re-enact as follows, Sec. 2-8-80. Report to Board of County Commissioners. Sale of unclaimed property. A. If the identity or location of the owner or person entitled to possession of the property has not been ascertained within ninety(90)days, or six (6) months in the case of property believed to be stolen or otherwise illegally possessed, after the custodian obtains possession of the property, the Sheriff may effectuate the sale of such property for cash to the highest bidder, at a public auction, notice of which (including time, place and a brief description of such property)shall be published at least once in a newspaper of general circulation in the County,at least ten(10)days prior to such auction. 2007-3012 PAGE 20 ORD2007-6 I performance of its duties, such property may be utilized by the Sheriffs office until provided that the Sheriff has the approval of the Board of County Commissioners as set forth in Section 2-8-110 below. The Sheriff shall provide the Board of County Commissioners with a list of all property so utilized, as provided in Section 2-8-11O below. which the Sheriff finds cannot be utilized in the performance of the duties of the Sheriffs office, shall be either abandoned to the United States Bureau of Alcohol, Tobacco and Firearms, sold at a Sheriffs sale to persons licensed to sell firearms, or destroyed. unclaimed, the Sheriff may either destroy or otherwise dispose of said property without placing it for sale. A. When a sale of property has been completed, it shall be the duty of the Sheriff to make a report to the Board of County Commissioners giving in detail, a description of the articles sold and the amount of money received for each of the articles, and at the same time to turn over to the Board of County Commissioners for deposit into the general fund all money which has come into his or her hands as the proceeds of the sale. B. The Sheriff's office and each department of the County which retains unclaimed property for use shall file an annual report listing such property, and identifying any such property which has become unusable and discarded during the preceding year. Delete Sec. 2-8-90. Conduct of auction. the time and place mentioned in said notice of the sale of unclaimed property, it shall be the-duty-of-the Sheriff to sell all such unclaimed property at public auction for the highest and best price the same will bring in cash, and to receive from the purchaser of each and every article the amount paid by such purchaser for the same. I lowever, unclaimed property consisting of jewelry, gems,watches, precious metals or other property having unique value may, in the judgment of the Sheriff-be sold either at auction or to the highest bidder after solicitation of sealed bids from at least three (3) regular dealers in the particular type of property.- Delete Sec. 2-8-100. Report to Board of County Commissioners. When-such sale is complete, it shall be the duty of the Sheriff to make a report to the Board of County Commissioners, giving in detail, a description of the articles so sold and the amount of money-received for each of said articles, and at the same time to turn over to the Board of County Commissioners for deposit in the general fund all money which has come into his or her hands as the proceeds of such sale. 2007-3012 PAGE 21 ORD2007-6 Delete Sec. 2-8-110. Property unlawful to possess. pers-onal-property shall not be placed for auction, but shall either be destroyed or, if feasible, used by-the Sheriff, but only if usable by the Sheriff to carry out the normal duties and responsibilities of his or her office. If the Sheriff wishes to convert any such property to the use of his or her office; Of-a abandoned or lost property received by the custodian,then the Sheriff must have the-express authorization of the Board of County Commissioners to do so in each and every instance. Delete Sec. 2-8-120. Perishable property. If any property so seized or taken possession of by the Sheriff shall be of a perishable nature-or so bulky or of such a nature as to make it dangerous or undesirable to retain possession thefeaf;-t e Sheriff shall cause such property to be forthwith advertised in the official newspaper and-sell such property any time after three (3) days shall have elapsed from the seizure or the taking possession thereof; except where impractical to do so, in which case the Sheriff shall use his or her best judgment in disposing of the property. Amend Sec. 2-9-90. Critical County facilities. The following is a list of County buildings that are essential to County operations during a storm and must be given the highest priority of services, staffing and snow removal: A through E - No change. F. AmbulanceParamedic Service for Greeley, Evans and Fort Lupton. G. Weld County Business Park administrative buildings. H. Southwest Weld building. Southeast Weld building. Amend Sec. 2-9-100. Four-wheel drive vehicles. A through C - No change. D. All non-County 4x4 vehicles should be equipped with an employee with a radio cellphone. Amend Sec. 2-9-120. Duties and responsibilities by department. Each County agency is assigned the following duties during a snow emergency: A through E - No change. F. Buildings and Grounds: 1. Maintain snow removal operations-around Centennial Complex and other assigned essential all County facilities. 2007-3012 PAGE 22 ORD2007-6 2 through 3 - No change. G. AmbulanceParamedic Service: Remainder of Section - No change. Amend Sec. 2-12-30. Collect calls by employees. A - No change. cards to be used by departments which, within their normal conduct of County business, find it necessary for employees located outside of the Centennial Center to contact the Center on a regular basis. C. The cards shall be issued by the Board of County Commissioners on a department-by-department basis as the need for such cards is demonstrated. The request for department credit cards shall be made by the department head. Each card shall be coded to denote the employee user. Only those charges for calls made to the employee's department number shall be accepted. Charges for any calls—made by an employee or official using a County credit card which are not m-ade to the employee's department number shall be deducted from the individual's paycheck. E. The Board of County Commissioners shall have the right to require any department or individual to discontinue the use of credit cards upon evidence of misuse. work under the present credit card agreement existing between those departments and the Department of Phone Services. G. Criteria to be used by the Board of County Commissioners in determining need:- 1. If the quantity of such calls required on a regular basis is significant. 2. If the vehicles used by the requesting department or individual do not-have two-way communications equipment. Amend Sec. 2-12-40. County owned ecellular phones, cellular personal digital assistants ("PDA's"), or aircards. Any department or office needing a cellular phone, cellular personal digital assistant ("PDA"), or aircard will complete a cellular phone the appropriate request form, available through the Department of Phone Services. On the form the department shall indicate the service requested and the justification for the cellular phone. The Department of Phone Services will identify the costs to acquire and operate the phonedevice and make a recommendation to the Director of Finance and Administration concerning the request. The Director of Finance and Administration will then make a recommendation to the Board of County Commissioners. The Board of County Commissioners will then approve or disapprove the request. Only those requests approved by the Board of County Commissioners will be permitted to acquire a cellular phone, cellular personal digital assistant ("PDA"), or aircard with County funds. 2007-3012 PAGE 23 ORD2007-6 Insert a new Sec. 2-12-50 as follows, and renumber current paragraphs 2-12-50 through 2-12-130 accordingly. Sec. 2-12-50. Privately owned cellular personal digital assistants ("PDA's"). Employees who wish to purchase personal digital assistant("PDA")to access County data • are required to attain department head approval prior to obtaining such access. Employees do not have a right to privacy in such communications and information, even though it resides on privately owned devices. If the device is lost, stolen or no longer used, the employee must report the same to the Information Services Department immediately. Amend Sec. 2-12-7080. Employee carpooling. It is the policy of the County to encourage all County employees to enter into carpooling arrangements with other employees for transportation to and from work,to the end that energy may be conserved and further to reduce the problem created by the limited number of parking spaces available in the Centennial Center, and the area adjacent to the Centennial Center. Amend Sec. 2-12-430'r,i0. Policy for use of meeting rooms. A. It is the policy of the Board of County Commissioners to allow use of the meeting room at the Southwest and Southeast Weld County Services Centers on a cost basis to community groups when such does not interfere with regular County-sponsored activities. B and C - No change. D. Use of the meeting room. 1. All groups sponsoring meetings in the meeting room shall schedule use of the room through the Weld County Personnel ServicesHuman Resources Department, Room 202, Weld County Centennial Center, 915 10th Street, Greeley, Colorado (970) 336-7220. Amend Sec. 2-13-40. Issuance of addresses. Addresses shall only be issued for locations within the unincorporated areas of the County where structures are being constructed or power poles erected and which necessitate the issuance of building or electrical permits by the Department of Building Inspection. Addresses shall also be issued to all lots in subdivisions, minor subdivisions and Recorded Exemptions within 30 days of being recorded in the offices of the Weld County Clerk and Recorder. All issued addresses shall be transmitted forthwith to the GIS Department for inclusion into the Weld County Address Database. To be issued an address, the location must be a legal lot (defined in Section 23-1-90 of this Code) served by an approved access, as such term is defined in Section 2-13-50 of this Article. Only one (1) address will be issued per legal lot, except where more than one (1)address is justified, as determined by the Department of Planning Services. Amend Sec. 2-13-70. Rules for issuance of addresses in County. A through G - No change. 2007-3012 PAGE 24 ORD2007-6 H. Addresses for legal lots located within subdivisions or planned unit developments ("PUDs") shall be issued in accordance with the following rules. 1. Interior street names in subdivisions and PUDs shall be approved in the course of the land use approval process, according to the following guidelines: a - No change. b. Street names should be considered so as to avoid misinterpretation or emergency dispatch errors, either within the County or in any surroundingWeld County jurisdictions. c - No change. d. Street names v tti°rwill not contain hyphens, apostrophes or other extraordinary characters should be avoided. Remainder of Section - No change. Delete all of APPENDIX 2-B. Delete all of APPENDIX 2-C. Amend APPENDIX 2-D to become APPENDIX 2-B. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization,grammar, and numbering or placement of chapters, articles,divisions,sections, and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section,subsection, paragraph,sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 2007-3012 PAGE 25 ORD2007-6 The above and foregoing Ordinance Number 2007-6 was, on motion duly made and seconded, adopted by the following vote on the 5th day of November, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: David E. Long, Chair Weld County Clerk to the Board William H. Jerke, Pro-Tem BY: Deputy Clerk to the Board William F. Garcia APPROVED AS TO FORM: Robert D. Masden County Attorney Douglas Rademacher First Reading: September 24, 2007 Publication: October 3, 2007, in the Fort Lupton Press Second Reading: October 15, 2007 Publication: October 24, 2007, in the Fort Lupton Press Final Reading: November 5, 2007 Publication: November 14, 2007, in the Fort Lupton Press Effective: November 19, 2007 2007-3012 PAGE 26 ORD2007-6 Hello